HomeMy WebLinkAboutTB Minutes 1980-08-11 TOWN OF ITHACA
REGULAR BOARD MEETING
August 11 , 1980
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins. County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 11th day
of August , 1980 , there were
PRESENT Noel Desch , Supervisor
George Kugler , Councilman
Shirley Raffensperger , Councilwoman
Henry McPeak , Councilman
Marc Cramer , Councilman
Victor Del Rosso , Councilman
ABSENT Catherine Valentino , Councilwoman
ALSO PRESENT Lewis Cartee , Building Inspector
Lawrence Fabbroni , Town Engineer
Robert Parkin , Highway Superintendent
Helen Blauvelt , Town Historian
Barbara Restaino , Town Planner
James Buyoucos , Town Attorney
Peter Grossman , Town Attorney
Gust Freeman , Board of Representatives
R . L . Kenerson , 1465 Mecklenburg Road
Ralph Jordan , Chamber of Commerce
Robert Williamson , Attorney
Don Gibson , Therm , Inc .
Otto B . Schoenfeld , Developer
Nancy Fuller , Deputy Town Clerk
Representatives of the Media :
Bruce Ryan , WTKO
Claudia Montague , WHCU
Matt Leone , Ithaca Journal
PLEDGE . OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
TOWN HISTORIAN
Town Historian Helen Blauvelt thanked the Board for allowing her
to attend the Historians School . She noted that it covered all
facets of a local historians work and had an excellent faculty . It
was fun to travel to Albany to work with Michael Kammer and Bremberg
of Cornell .
Each participant was given a project , with a state historian as
councilor . I chose a slide show illustrating the use of Ithaca
Town government records . The County Historian , who is technically
my supervisor , is the Director of the County History Museum , the
Dewitt Historical Museum . They will finance and distribute it and
make their facilities available .
The State Archive peopld held held down one day of this three day
conference . We were asked to acquaint our local governments with
the Records Management Program of the State for local governments .
Since I use our records , I am aware how disparately we need such a
program .
Town Board Minutes - 2 - August 11 , 1980
State grants for help with this have gone to local governments who
are struggling themselves to achieve records manangement . As I
work through the records , I - -inventory .them on State forms . We can
say we : . are trying .
In Albany , we received the little book which is the classic on the
subject , I gave my copy to Noel .
To date , this is the only known method of keeping a large body of
records , which is growning , under control .
I ' ve been collecting Town history records . I had a great afternoon
with Andrew McElwee on Forest Home history . and have a few
manuscripts . I think it will be interesting to note how and when
villages used the Town government in their growth and development .
I have some material on Cayuga Heights and am interested in the
Coddington Road community , the community and Village of Ithaca
before 1888 and the vanished community of Renwick .
Supervisor Desch asked what , was the timetable on the slide show ?
Town Historian Blauvelt noted that the preliminary slide show
should be ready by October 1st . She also noted it was going to
be a real challange .
Dr . Blauvelt asked if she could call on the Town Board members for
help and advise .
COUNTY REPRESENTATIVES
County Representative Gust Freeman stated that the next meeting of
the Board of Reps was scheduled for Monday, August 18 . He noted
there was nothing to report on the hospital .
He further stated that the Board would meet on Thursday to
discuss the proposed fencing of the airport runway .
Supervisor Desch noted that he hoped the County could find a less
costly solution to the deer problem .
He further stated that with or without a fence , it will be a day to
day problem . Deer population is on the increase all over the County
he said , which could be substantiated by anyone who hunts .
Representative Freeman stated that if hunting were allowed , because
of State Law , the hunter would not be allowed to keep the deer .
Councilman McP:eak reported that the Sheriff ' s Department will not
take them any more .
Mr . Freeman noted that the meat must be inspected , if the deer were
given to an institution . He further noted , that if the deer were
hunted by permit , the entire area would have to be fenced in .
APPROVAL OF MINUTES
RESOLUTION N0 , 131
Motion by Councilman Cramer ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the minutes of the .meetings of February 11 and March 10 , as presented
by the Town Clerk .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
Town Board Minutes - 3 - August 11 , 1980
SIGN APPLICATIONS
Two applications for sign permits were reviewed by the Board .
Danby Builders Company , Inc . , for a sign on their front door and
Interstate Brands Corporation , for a sign on the front of the
building . Both signs were recommended for approval by the Planning
. Board .
RESOLUTION NO . 132
Motion by Councilman Del Rosso ; seconded by Councilman Cramer ,
RESOLVED , by the Town Board of the Town of Ithaca , the approval_ of
the sign applications of Danby Builders Company , Inc . , of 969 East
Shore Drive and Interstate Brands Corporation of 606 Elmira Road
as recommended by the Planning Board .
( Desch , Kugler , Raffensperger , McPeak , Del Rosso , and Cramer voting
Aye . Nays - none ) .
Supervisor Desch reported that Mr . Robert Boothroyd will be unable
to make his insurance review presentation tonight .
SUPERVISOR ' S REPORT
Supervisor Desch stated that he had the opportunity to spend two
weeks in Germany with his family , including one son who has been
there for 16 months in the service , serving as an officer in an
armored unit . Our visit was also in celebration of our 25th .
wedding anniversary .
One cannot help but be impressed with not only the inherent beauty .
of the the country but the pride that the German people have in it .
It is also very evident that these people work very hard and levels
of prosperity exceed our own .
We have much to learn in our county in the areas of mass transit ,
reuse of physical facilities , a commitment to keep our cities clean .
On the other hand , the lack of a speed limit on the Autobahns is
strange in these days of high energy costs . Apparently , this is
how the people vent their frustrations - a dangerous way to do it .
The local villages are very active in community work as can be
attested by the outstanding gardens in every square and the frequent
celebrations with parades , winefests , etc .
One sees virtually not fallow land in Germany . Every highway
enbankment is planted , even before the highway itself is completed ,
primarily as a vineyard . All the main tractor paths are concrete
or blacktop and the fields of grain are endless although more like
a patch work quilt than our own here .
All this having been .said , its good to be back in Ithaca . We have
much work to do in the months ahead . For example :
The Town Staff and I will be building the 1981 budget over the next
six weeks from scratch by analyzing every expenditure and income
item in detail . This will be very time consuming but the results
will be a document that will enable the Town Board to adopt a
1981 budget totally responsive to current and projected needs . I
therefore , ask that we avoid all special research efforts that
place demands on our staff during this period unless the requests
have been cleared through me . In this way , we will keep our
priorities straight . There will be plenty of time for further-
analysis during the period of budget review by the Town Board in
October .
Town Board Minutes - 4 - August 11 , 1980
The major update of the ordinance will be ready for public input
next month . At the September meeting we should consider setting
a date for a public hearing to begin the review at the October
meeting , although most of that meeting will be dedicated to the
Tentative budget .
The Town Board will be reviewing a number of long range plans
over the coming months . Some of the areas involved are :
( 1 ) Youth Services Planning
( 2 ) Water and Sewer Improvements
( 3 ) Fire Protection
0 ) Highway Machinery Replacement Programs
( 5 ) Traffic and Circulation Needs
( 6 ) Drainage Systems Development
( 7 ) Manpower Development
( 8 ) Administrative System Development
( 9 ) Economic Development
These areas are continuing efforts and most of these efforts over
the next year or two will determine the quality of life in Ithaca
for many years to come .
TOWN ENGINEER ' S REPORT
Town Engineer Fabbroni reported that Giordano Construction Company
had nearly completed the sand blasting on the exterior of the Town
Hall . Painting on the erterior should start soon , now that the
weather has begun to dool donw . Stops have been installed on -the
windows and the new storm windows installation will follow along
with the painting . He further stated tha incase the Board members
had not noticed , the Board Room has been painted and he expected
the Town Board would be meeting down stairs next month , as the
Engineering and Planning Department plan on moving upstairs soon .
The Stone Quarry Road Water Project is completed , all cleanup has
also been completed . Cleanup on the Valley View And West Haven
Sewer project has been finished .
Completion of the Trumansburg Road , Northview Road and Troy Road
repainting is on schedule . The condition of the Pine Tree and
Ridgecrest tanks will be checked to ascertain their condition in
regard to need to schedule the painting of these tanks next year .
Mr . Fabbroni further noted that bids will be opened September 9th
on the Cliff Street Pump Station .
The Town Engineer reported that discussions were ongoing with the
Ithaca Transit .
Mr . Fabbroni noted , that in conjunction with moving the Board Room
down stairs , an access for the handicapped and a second exit would
need to be build . He stated that he was asking the Town Board for
permission for a change order on the V . Giordano Construction Co . ,
for $ 26 , 080 to build a second exit , vestibule and relocate lights
outside and inside . The change order would be on the painting
contract .
Councilman Cramer asked why the painting of the water tanks was
$ 5 , 000 over contract .
Engineer Fabbroni responded that the quality of material is always
estimated because of the rust on the inside it is very hard to see
how much material will be needed . The estimate was for three rings
high , however , the pitting extended to five rings high . Therefore , .
$ 5 , 000 was . .needed to complete the project .
Supervisor Desch noted that you cannot tell how deep the pits are .
Town Board Minutes - 5 - August 11 , 1980
That is why you always budget a 10% continguency .
Mr . Fabbroni reported the CETA workers have installed a fence
in front of the Town Highway facility and the sign was in place .
He further reported they had been cutting brush along with the
installation of a back stop on the Tareyton Drive ball park .
The painting of the interior of the Town Hall was being done by
the CETA crew . He summed up the work being accomplished by the
CETA crew by saying , that anything that required bodies to
accomplish the work was being done by the CETA crew .
Councilman Cramer asked why the change order was not put out for
bid ?
Supervisor Desch stated that a rehabilitation package was put
together . To put out specs on a vestibule would cost more in
staff time then would be saved by accepting the change order .
Councilman Cramer asked Town Engineer Fabbroni if he was happy
with the change order price ?
The Town Engineer answered yes .
RESOLUTION N0 , 133
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the change order to V . Giordano Construction & Supply Company of
Ithaca in the amount of $ 26 , 080 for the installation of a second
exit , a vestibule and the relocation of lights inside and outside .
( Desch , Kugler , Raffenpserger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
ACCESS RAMP
Town Engineer Fabbroni reported that he had received a proposal of
$ 4 , 600 from V . Giordano Construction & Supply Company of Ithaca for
the installation of a three feet wide access ramp for the handi -
capped . The ramp sides and deck to be made of concrete and . to have
galvanized pipe railings .
Councilman-. Kugler asked if they planned to excavate and pour the
foundation below the frost line ?
The Town Engineer reported that it was hoped they would be able to
use the building foundations .
Councilman Kugler asked if an agreement had been made with the:
Citizen ' s Saving Bank for a handicapped parking spot ?
Supervisor Desch answered yes .
Councilman Del Rosso asked the Town Engineer if he had gotten a
separate bid on the railing ?
The Town Engineer reported that he had not , as he felt the $ 900 .
was a fair price .
Councilman Del Rosso asked the Town Engineer to contact Finger Lakes
Fabrication to see what they would bid for the railing .
RESOLUTION N0 , 134
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
Town Board Minutes - 6 - August 11 , 1980
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the proposal of $ 4 , 600 from the V . Giordano Construction and Supply
Company for the installation of a concrete ramp for access for the
handicapped and railing , continguent upon the checking of prices
for the installation of said railing .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
HIGHWAY SUPERINTENDENT ' S REPORT
Highway Superintendent Robert Parkin reported that the crew has been
moving the road sides . They have completed ditch cleaning . They
are in the process of finishing the paving .
The Highway men have completed the removal of fill at the Lieberman
property and hauled it to Bolton Point . The 20 , 000 gallon ,:- tank. for
unleaded gas is operational .
ELECTION DISTRICT # 7
RESOLUTION N0 , 135
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes
the relocation of Election District # 7 from the Cayuga Heights
School to the Cayuga Heights Fire Department .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
VOTER REGISTRATION POLLING PLACES
RESOLUTION N0 , 136
Motion by Supervisor Desch ; seconded by Councilman Del Rosso ,
RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes
the consolidation of districts for the voter registration day of
October 9 and October 11 , and
FURTHER BE IT RESOLVED , that Districts 1 and 2 will register at the
Town Highway Facility , Districts 3 , 4 , and 5 will register at the
Ellis Hollow Elderly Housing , and Districts 6 , 7 , 8 , and 9 will
register at the Northeast School .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
SEWER USE ORDINANCE
RESOLUTION N0 . 137
r
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on September 8 , 1980 to
consider modifications to the Town of Ithaca Sewer Use Ordinance .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
HIGHWAY EQUIPMENT REPLACEMENT
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(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended . Do not include matter being
eliminated and do not use italics or underlining to indicate new matter .
Townof .... ... ..... ....... .... .. . Ithaca
Local Law No.
... .. ....... . . . . .. .......... .............. of the year 19 _ 80
REGULATING SIGNS IN THE TOWN OF ITHACA , NEW YORK
Alocal law .. .......... ..... ... ....:... ....... ..... .................................... ............. ... .....•. . ....... ... . ...... ... ....... . ..... .:.. .....: .
.......- .... (ieaart title)
Be it enacted by the Town Board of the
(Name of Legislative Body)
Ithaca
of . ......... . . ... .. .... . .. .... .. .... . . . .. ... .. . ... . . ... . . .. .. . .. ........... .. .. ....... . . .. ..... ......... ....... .. .. . ... .. .. . ... .. . ... as follows :
Town .
SECTION 1e SCOPE
SECTION . 2 . PROHIBITED SIGNS
SECTION 3 . EXEMPT SIGNS
SECTION 4 . REGULATED SIGNS
SECTION 5 . BUSINESS AND INDUSTRIAL DISTRICTS SIGNS
SECTION 6 . SIGN ILLUMINATION
SECTION 7 . SIGN CONSTRUCTION
SECTION 8 . SIGN REMOVALS AND NON - CONFORMING SIGNS
SECTION 9 . DESIGN REVIEW
SECTION 10 . ADMINISTRATION
SECTION 11 . GLOSSARY
SECTION 120 REPEAL .
1 . SCOPE
1 : 01 Title
1 . 01 - 1 This law shall be known and cited as the TOWN. OF ITHACA SIGN LAW ,
1 . 02 Purpose
1 . 02 - 1 This law is enacted to guide and regulate signs and street graphics
to promote the public welfare and safety as follows :
a . Encourage appropriate and compatible signs and graphics .
b . Lessen objectionable competition in sign size and placement .
ce Reduce the hazards of sign obstructions and distractions .
d . Create a more attractive business climate .
. e . Conserve the value of buildings and properties .
f . Protect and enhance Town appearance .
DW( lf additional space is needed , please attach sheets of the same size as this and number each)
Page 1
v�
e
1 . 03 Interpretation
1 . 03 - 1 The provisions of this law shall be held to be the minimum re -
quirements for the promotion of public welfare and safety .
1003 - 2 When this law imposes a greater restriction on the design , construc - .
tion , : .placement and maintenance--.o.f . signs ; or - makes any other greater
restriction than is required by any other ordinance , regulation ,
rule , covenant or agreement , the provisions of this law shall govern ,
except that in a case of conflict between this law and the Town of
Ithaca Zoning Ordinance , as amended , the provisions of the latter
shall apply .
11003 - 3 The adoption of this law shall not affect any pending or prevent
any future prosecution of action to abate any existing violation
of the Zoning Ordinance , as amended , if the use so in violation
is in violation of the provisions of this law .
1003 74 When any provision of this law imposes a greater restriction than
another , the more stringent shall govern .
1 . 03 - 5 In view of the fact that the adoption of Town of Ithaca Local Law
No . 1 - 1972 ( Sign Law ) has given owners of off - premises signs
eight years to amortize signs , it is the intent of this law to
bring about a reasonable time limitation for the removal of such
signs .
1004 Validity
1 . 04 - 1 If any section , subsection , or phrase of this law is declared to
be invalid , such invalidity shall not affect any other portion
of this law .
1 . 05 Effective Date
1005 - 1 This law shall become effective immediately upon adoption by the
Town Board ,
20 PROHIBITED. SIGNS
2601 All Districts
2 . 01 - 1 No off - premise signs shall be allowed .
2 . 0 .1 - 2 No sign or graphics shall physically or visually impair vehicular
or pedestrian traffic , by design , color , lighting , or placement .
2001 - 3 No sign visible from a public roadway - shall contain or be an
imitation of an official traffic sign or signal , or use such words
as stop , caution , warning , except when necessary to control traffic
on private roads .
2 . 01 - 4 No sign shall be placed , wholly or in part , on , over , or above
any roof , building , marquee , wall , or other structure .
2001 - 5 No sign shall be placed on any utility pole or tree , except those
listed in Section 3 . 01 - 1 ( g ) ,
2401 - 6 No exterior sign , display , or advertising device , or any part
thereof , shall be mechanically or electrically operated to produce
motion or the appearance of motion .
2001 - 7 Except as otherwise provided herein , no banners , pennants , ribbons ,
streamers , spinners , or similar moving , fluttering , or revolving
devices shall be part of an exterior or window sign , or used for
advertising or attracting attention when not part of a sign.
Page la
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2001 - 8 Phosphorescent , fluorescent , or similar reflective paint: or
material shall not be used on exterior signs , except those
listed in Section 3 . 01 - 1 ( a ) , ( b ) , and ( c ) .
2901 - 9 Prohibited sign illumination sources shall be as listed " in
Section 6 . 01 .
2 . 02 Residential and / or Agricultural Districts
2 . 02 - 1 The following signs are prohibited in Residential Districts and [ or
Agricultural Districts :
a . Signs as listed in Section 2 . 01 .
b . Projecting signs , except as allowed in Section 3 . 02 - 1 ( b ) .
c . Window signs except temporary signs such as pick - up and
delivery notices , political posters , . or similar signs .
d . Signs on awnings or canopies .
3 . EXEMPT SIGNS
3 . 01 All Districts
3001 - 1 Exempt permanent signs . The following signs , not self - illuminated
except as otherwise provided herein , may be placed in any district
without a permit :
a . Street identification , traffic and other governmental signs
and control devices required by law , ordinance , or
regulation .
b . Official public information signs .
c . Entrance - exit and directional signs .
d . House and building numbers .
e . Memorial signs , building names , erection dates , or similar
information cut into masonry or other permanent surface , or
constructed of bronze or other incombustible material , not
to exceed 36 square feet .
f . Signs and markers in cemeteries designating graves and
memorials .
g . " Posted " or " No Trespassing " signs .
h . Signs for the sale of farm and garden produced products , L total
area of signs not to exceed 6 square feet and total number of
signs not to exceed two .
i . Farm names painted or mounted on a permanent building .
j . Breed identification , not to exceed 6 square feet .
k . . Equipment identification , limited to manufacturers ` standard .
1 . Historical markers .
M * Hospital identification signs , which. may be self - illuminated .
n . Governmental agency and public building identification . .
o . Signs or notices erected by a public utility necessary for
the direction , information , or safety of the public: .
3 . 01 - 2 Exempt temporary signs . The following signs , not illumunated unless
otherwise specified , may be placed in any district without a permit :
a . Emergency or safety signs , illuminated as required .
b . Directional signs for meetings , conventions , and other
assemblies , not to exceed 6 square feet .
c . One sign , not to exceed 6 square feet , advertising the sale
or rental of the land or building on which it . is located , to
be removed within 15 days after sale or rental .
d . One sign , not to exceed 24 square feet , listing the. architect ;
engineer , contractor and / or owner , on premises where con -
struction , renovation , or repair is in progress .
e . Political posters , not - for - profit promitional , private sales ,
or similar signs , providing :
1 . Placement shall not exceed . 30 days , and a period of
11 months shall elapse between the last day of one
Page lb
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. . . . .. :. .. . • . _ .. S. • ~mss ._
period of showing and the first day of the next .
20 Consent of the property owner is obtained .
3 . The name and address of the sponsor and of the person
responsible for removal is identified :
4 . Area shall not exceed 6 square feet .
f . Crop identification , , limited to 4 square feet .
g . Portable public information signs as approved by the
Enforcement Official .
3 . 01 - 3 Flags , emblems , or insignia of a nation , government , or school ,
may be displayed in any district without a permit , except in
connection with commercial purposes .
3001 - 4 Holiday decorations , including lighting .
3002 Residential and / or Agricultural Districts
3002 - 1 The following signs , on premises , not self - illuminated , may be
placed in Residential Districts and / or Agricultural Districts
without a permit :
a . Signs listed as exempt in Section 3 . 01 .
b . One wall , projecting or freestanding sign on each building
frontage identifying the name and / or address of the occupants
of a residence .
c . Signs as needed to identify the buildings or activities of
, colleges and universities , not to exceed 24 square feet .
d . One wall sign as needed to identify the buildings or activities
of houses of worship , libraries , museums , nursing homes , or .
similar institutions ; and one free - standing sign , on .premises ,
not to exceed 24 square feet nor be greater than 6 feet in
height .
e . Neighborhood identification signs , not to exceed f> square
feet .
3002 - 2 Freestanding signs in Residential Districts and / or Agricultural
Districts shall be located as specified in Section 4 . 01 -, 3 ,
3 . 03 Business and Industrial Districts
3 . 03 - 1 The following signs may be placed in Business and Industrial
Districts without a permit :
a . Signs listed as exempt in Sections 3 . 01 and 3 . 02 .
b . At each entrance to an office , public , or institutional
building , a sign denoting only the name and / or business or
profession of the occupants .
c . Window graphics , signs and displays as specified in Section
5 . 05 .
d . Temporary signs or window signs announcing the opening or
closing of a business , sales , and price listings , not to
exceed 30% of total display window area .
e . At gasoline stations :
1 . Integral graphics or attached price signs on gasoline.
pumps .
2 . One portable sign .
. 40 REGULATED SIGNS
4 . 01 Residential and / or Agricultural Districts
4001 - 1 The following wall or freestanding signs , on premises , not self
illuminated , may be placed in- Residential Districts and / or
Agricultural Districts on issuance of permit :
Page lc
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a . One wall or freestanding sign , not exceeding 4 square feet
in area , identifying a principal permitted enterprise or ,
use other than residential .
" 4 . 01 - 2 One wall or freestanding sign , not exceeding 24 square" feet in
area , identifying a multiple residence .
4001 - 3 Freestanding signs in Residential Districts and / or Agricultural
Districts shall in no case be located between the sidewalk and
the street , nor closer than 2 feet from the sidewalk , nor closer
than 3 feet from a building or structure , nor closer than 15 feet
from the edge of the pavement , nor closer than 15 feet from a
side lot line ; the maximum height of sign and support shall be
6 feet .
4 . 02 Business and Industrial Districts
4 . 02 - 1 Business and Industrial Districts regulated signs shall meet the
requirements of Section 5 .
4002 - 2 The following signs may be placed in Business and Industrial
Districts on issuance of permit :
a . Regulated signs as listed in Section 4 . 010
b . The following signs may be placed at each on - premise
enterprise in Business and Industrial Districts :
1 . One wall sign on each building or store frontage , and.
either one projecting sign on each building or store .
frontage or one freestanding sign . If a business has
entrances for vehicular traffic on more . th. an one
street , two freestanding signs are permitted . ,
2 . In the case of multi - use facilities , one freestanding
sign shall be allowed for the development as a whole , .
regardless of the number of separate enterprises . If
such multi - use facility has entrances for vehicular
traffic on more than one street , two freestanding signs . .
are permitted .
3 . Marquee signs in lieu of 1 above .
4 . Awning signs .
50 BUSINESS AND INDUSTRIAL DISTRICTS SIGNS
5 . 01 Wall Signs
5 . 01 - 1 The maximum area of wall sign graphics shall be : for each lineal
foot of building frontage occupied by the enterprise on which the
sign is placed : 1 square foot .
5 . 01 - 2 Wall signs shall not extend beyond the ends or over the top of the
wall to which attached .
5 . 01 - 3 Wall signs shall not extend more than 9 inches from the face of the
building to which attached .
5 . 01 - 4 Any part of a sign extending over pedestrian traffic areas shall.
have a minimum clearance of 7 feet 6 inches .
5 . 02 Projecting Signs
5 . 02 - 1 Projecting sign panels or sign symbols shall have not more than
2 faces , and the maximum area of the panel or symbol shall be ,
15 square feet .
5 . 02 - 2 A projecting sign panel or sign symbol may extend 3 feet maximum
from the building face , or one - third the width of the Sidewalk ,,...
whichever is less .
5 . 02 - 3 No part of projecting sign shall extend into vehicular traffic areas ,
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and any part over pedestrian traffic areas shall have a minimum
clearance of . 7 feet 6 inches .
5002 - 4 Projecting signs shall not extend above the level of the floor
of the second story of the building to . which attached , tnor in any
case be higher than 12 feet from the ground .
5 . 02 - 5 Projecting signs shall not be copy - change type except as specified
in Section 5 . 04 - 30
5 . 03 Freestanding Signs
5 . 03 - 1 Freestanding sign panels or sign symbols shall have not more than
two faces and the maximum area of the panel or symbol shall be
50 square feet .
5 . 03 - 2 The maximum height of a freestanding sign and support shall be
20 feet .
5 . 03 - 3 No part of a freestanding sign shall extend into vehicular traffic
areas , and any part extending over pedestrian traffic areas shall
have a minimum clearance of 7 feet 6 inches .
5 . 03 - 4 Freestanding signs shall be placed in front yards only , shall be
located no closer than 6 feet from a building , 15 feet from the
edge of the pavement , and 15 feet from a side lot line , and "no
part shall extend over a public street or sidewalk .
5 . 04 Marquee and Awning Signs .
5 . 04 - 1 No sign shall project or be suspended from a marquee , canopy or
awning .
5 . 04 - 2 Marquee and canopy signs shall be completely within the outer edges
of such marquee or canopy .
5004 - 3 Copy change marquee signs shall be permitted on theatres only .
5004 - 4 For each lineal foot of marquee perimeter the maximum area of.
graphics shall be as specified for wall signs in Section 5 . 01 - 1 .
5 . 04 - 5 Awning graphics may be painted or affixed flat to the :surface of
the front or sides , and shall indicate only the name and / or
address of the enterprise or premise .
5 . 04_- 6 Awning graphics shall be a single line of lettering 6 inches
maximum height .
5 . 05 Window Signs
5 . 05 - 1 Window signs are prohibited above the first floor , except for
lettering of 5 inches maximum height per line- with a maximum of
2 lines , identifying professional or business offices .
5 . 05 - 2 There shall be no more than 1 permanent window sign per window
and a maximum of 2 per enterprise .
5 . 05 - 3 The area of permanent window signs shall not exceed 25 per cent
of the area of the window or windows through which they are visible ,
nor in any case exceed 4 square feet .
5 . 05 - 4 Copy - change window signs shall not exceed 3 square feet: in area .
5 . 05 - 5 Exposed luminous tubing or similar window signs shall consist of
one row only , the lettering not to exceed 6 inches . in height and
three - quarters the window width .
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6 SIGN ILLUMINATION
6 . 01 Prohibited Sources
6 . 01 - 1 No illumination which will cause glare or reflection constituting
a nuisance or a traffic hazard shall be directed upon a sidewalk ,
street , or public place , or upon adjacent premises .
6001 - 2 No sign , display or advertising device shall be illuminated by or
contain flashing , intermittent , rotating , or moving lights .
6001 - 3 Exposed luminous tubing or similar signs shall be prohibited ,
except in windows as specified in Section 5 . 05 - 5 .
6 . 0. 1 - 4 Strings of lights not part of a sign shall not be used for
advertising , outlining buildings or features of buildings , or
otherwise attracting attention , except as specified in Section
3 . 01 - 4 .
6 . 01 - 5 Gas or other flame illumination is prohibited .
6 . 02 Permitted Sources
6 . 02 - 1 Direct illumination shall be permitted in all districts as follows :
a . Visible lamps , not exceeding 25 watts per : lamp .
b . Shielded linear light sources and gooseneck reflectors .
C . Floodlights .
6002 - 2 Indirect illumination , including backlighted letters , is permitted
in all districts .
6002 - 3 Self - illuminated copy - change theatre signs . are permitted in
Business Districts .
6 . 02 - 4 Self - illuminated signs and letters are permitted in Business and
Industrial Districts ,
6003 Intensity
6003 - 1 No sign shall produce illumination in . excess of 10 footcandles
_ above ambient illumination at a distance of 4. feet on a level . with
the sign .
6 . 04 Color
6 . 041 In Residential Districts and / or Agricultural Districts illumination
shall be white or amber .
7 . SIGN CONSTRUCTION
7 . 0 .1 Fabrication and Attachment
7 . 01 - 1 All sign fabrication , erection , and attachment shall conform to
the requirements of the latest edition of the New York State Build -
ing Construction Code and other applicable codes and regulations .
7002 Electrical
7002 - 1 Lighting fixtures and wiring shall conform to the requirements of
the latest edition of the National Electrical Code and other
applicable codes and regulations , and shall have New . York Board
of Fire Underwriters ' approval .
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7002 - 2 Transformers , wires , and similar items shall be concealed .
7 . 02 - 3 All wiring to freestanding signs shall be underground .
7 . 03 Maintenance
7 . 03 - 1 All signs , sign finishes , supports , and electrical work shall be
kept . in good repair and safe condition .
80 SIGN REMOVALS AND NON - CONFORMING SIGNS
8 . 01 Off - Premises Signs
8 . 01 - 1 All off - premises signs existing at the time of the adoption of
this law shall be removed within a period of 4 years from the
date of the adoption of this law .
8 . 02 Disused Signs
8902 - 1 A sign , and any suports and electrical work , identifying or
advertising a business nolonger ` conducted or a product no longer
sold on the premises shall be removed by the . owner of the premises
within 6 months from the date of disuse , unless the Enforcement
Official shall determine that such sign or portions there of may
be utilized by a subsequent enterprise .
8 . 03 Unsafe Signs
8 . 03 - 1 Unsafe or insecure signs shall be repaired or removed by the owner
of the premises .
8903 -. 2 If the Enforcement Official determines an unsafe sign . to be an
actual dangerito persons or property , such sign must be removed
within 3 days of receipt of written notice.
8 . 03 - 3 If the owner fails to comply within 3 days after notification ,
the Town shall remove the sign at cost to the owner of the premises .
8003 - 4 If it is determined by the Enforcement Official that any sign is
a source of immediate peril to any person or property , such sign
may be removed summarily and without notice by the Enforcement
Officer at cost to the owner of the premises .
8 . 04 Surface Restoration
8 . 04 - 1 Upon removal of any wall sign , including signs painted on walls , .
the . surface area of the wall shall be restored to an. appearance
substantially equivalent to the remaining portion of the facade .
8 . 05 Non - Conforming Signs
8905 - 1 Existing non - structural signs , such as portable signs , banners ,
pennants , or similar signs which are non - conforming with the
provisions of this law shall be brought into conformance or
removed within 90 days of the date of adoption of this law .
8 . 05 - 2 Except as otherwise provided in this law , the lawful use of any
sign existing at the date of adoption of this law may be continued .
even though such sign does not conform to the provisions herein .
8 . 05 - 3 . A non - conforming sign may not be changed or enlarged unless a
variance is granted by the Zoning Board of Appeals . When a non -
conforming sign is in need 'of - alteration , replacement , or sub
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stantial repair as shall be determined by the Enforcement
Official , the sign shall be made to come into conformance with
the requirements of this law or be removed unless a variance is
granted by the Zoning Board of Appeals .
8005 - 4 Abandonment or discontinuance of the use for which any non - con -
forming . sign has been maintained for a period of more than 6
months ( 180 days ) , as shall be determined by the Enforcement
Official ; shall terminate the use of such sign . No non - conforming
sign . shall be reinstated except by variance granted by the Zoning
Board of Appeals .
8905 - 5 Temporary removal of a non - conforming sign for painting or other
normal maintenance shall be limited to a period of thirty days .
90 DESIGN REVIEW
9401 Purpose
9 : 01 - 1 To encourage the appropriate and compatible design and placement
of signs and street graphics .
9 . 02 Sign Review Board
9 . 02 - 1 The Planning Board shall be designated as the Sign Review Board ,
9 . 03 Jurisdiction
9 . 03 - 1 All regulated signs may be subject to Design Review .
9903 - 2 The Sign Review Board shall have the discretionary power. to vary
any maximum numerical limitation in this law by 25 per cent ,
providing such variation does not detract from the purposes of this
law . Such variation shall require the vote of. a majority plus one . .
. 9 . 03 - 3 The Sign Review Board may review any . sign application. to insure
conformity with Section 1 . 02 - 1 , and may require changes in - the
content of the sign .
9 . 04 Procedure
9 : 04 - 1 Recommendations and / or decisions shall be based on the guidelines
listed in Section 9 . 05 ,
9 . 04 - 2 All decisions shall be transmitted in writing , and - copies sent to
the applicant and the Enforcement Official ,
9 . 05 Guidelines
9 . 05 - 1 The following guidelines may be considered by' the Sign Review
Board in determining the acceptability of proposed signs as to
design , materials , colors , illumination , placement and size .
9 . 05 - 2 In general , signs should be :
a . Compatible with surroundings and appropriate to the
architectural character of the building on which they are
placed .
b . Appropriate to the type of activity to which they pertain .
c . Legible in the circumstances under which they are seen .
d . Expressive of the identity of individual enterprises but
not out of character with the community .
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100 ADMINISTRATION
10 . 01 Enforcement Official
10 . 01 - 1 The provisions of this law shall be administered and enforced by
the Enforcement Official who shall have the power to make nec -
essary inspections .
10 . 01 - 2 No Sign Permit shall be approved by the Enforcement Official except
in compliance with the provisions of this law , or as directed by
the Sign Review Board or the Zoning Board of Appeals .
10 . 01 - 3 The Enforcement Official shall refer to the Sign Review Board any
sign application which he deems not to be in conformance with the
purpose of this law as set forth in Section 1 . 02 - 1 .
10 . 02 Sign Permit
10 . 02 - 1 Except as otherwise provided herein , after the effective date of .
this law , no sign shall be erected , moved , or altered , except as
required by Section 8 . , unless and until a Sign Permit for such
work has been obtained .
10 . 02 - 2 No permit is required for the following :
a . Exempt signs
b . A permitted sign to be repainted or repaired in exact
duplication of the original .
10" . 02 - 3 Application for Sign Permit , on . forms . provided by the Town Clerk ,.
shall be submitted in duplicate to the Enforcement Official ,
10 . 02 - 4 Application shall have attached thereto the following information .
and material :
a . Application fee of Five Dollars ( $ 5 . 00 ) , and in addition
thereto the sum of One Dollar ( $ 1 . 00 ) for each square foot
of area of each sign .
b . Information as listed on the application form .
c . Drawings at an appropriate scale , as necessary to show the
design , dimensions , and colors of the graphics and sign
structure , details of any illumination sources, and placement
of the sign relative to the building or structure on which
it is located and / or in relation to nearby buildings ,
structures , street lines and property . lines .
d . Such other information as the Enforcement Official. may
reasonably require to determine full compliance with this
and other laws and regulations .
10 . 02 - 5 If the proposed sign is in conformance with all requirements the
Enforcement Official shall issue a permit within 7 days or refer
the application to the Sign Review Board ,
10 . 02 - 6 If a sign authorized by a permit is not completed and in. place
within 6 months , said permit shall become null and void . .
10 . 02 - 7 Design , construction , and placement of a sign shall not deviate
from the plans approved for issuance of permit . .
10. 02 - 8 Upon completion of sign , applicant shall submit a photograph of
sign in place which the Enforcement Official shall file with the
original sign application .
10 . 03 Appeals
10 . 03 - 1 The Sign Review Board shall hear and decide on the following
matters :
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a . Questions of alleged error in any order or determination
of the Enforcement Official involving the interpretation
of the provisions of this law .
b . Requests for variation from the provisions of this law
pursuant to Section 91
10 . 03 - 2 Decisions of either the Sign Review Board or the Enforcement
Official may be appealed. to the Zoning Board of Appeals .
10 . 03 - 3 No Zoning Board of Appeals decision shall be made on a variance
until an advisory opinion is received from the Sign Review
Board . Failure of said Sign Review Board to report an opinion
prior to the hearing on the appeal shall be construed as approval .
of the variance ,
10 . 03 - 4 Any persons aggrieved by a decision of the Zoning Board of Appeals
may have the decision reviewed by the Supreme Court of the State
of New York in the manner, provided by law .
10004 Violations and Penalties
10. 04 - 1 In the event a breach of any of the provisions of this law , the
Enforcement Official shall notify the owner of the: premises , in
writing to remove , repair , or bring the sign into conformance ,
within 30 days of the date of such- notice ,
. . 10 . 04 - 2 Any . person , firm , or corporation , whether as owner , lessee , agent ,
or employee , who violates any of the provisions of this law , or
who fails to comply with any order or regulation made thereunder ,
or who erects , moves , or . alters any ' sign in violation of any
detailed statement or plans submitted by him and approved . under
the provisions of this law , shall be quilty of a violation -as the
same is defined in the Penal Law and shall be fined not more than
$ 100 . 00 for each violation .
10 . 04 - 3 Each day that such violation is permitted to exist shall con -
stitute a separate violation.
10 . 04 - 4 If any sign is erected , altered , or . moved . in violation of the
provisions of this law , proper officials may , in addition to
other remedies , institute an appropriate action to prevent such
unlawful operation .
10 . 04 - 5 Upon failure to comply with any notice within the prescribed time ,
the Enforcement Official shall remove or cause removal , repair ,
or conformance of a sign , and shall assess all costs and expenses
incurred against the owner of the building or land on which the
sign is located .
10. 046 All costs and expenses incurred by the Town of Ithaca in causing
the removal or repair of any sign , as specified in this Section
and Section 8 . , shall be collected from the owner of the premises.
on which such sign is located . Payment shall be -made in not less
than five days after the receipt of a written demand . Upon failure
to make such -payment , such costs and expenses shall be assessed
against said owner and shall be paid and collected' as part of the
Town and County Tax next due and payable . In addition , the Town
may commence any other action or proceeding to collect such costs
and expenses .
11 . GLOSSARY
11001 Terminology
11 . 01 - 1 For the purposes of this law certain words and terms shall have
the meanings given in this Section .
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11 . 01 - 2 Words used in the present tense include the future tense , words
used in the singular include the plural , and the plural the
singular ; the word " shall " is mandatory and not permissive .
11 . 01 - 3 Certain words imply and include other words as follows ' .
AFFIX - attach , append , join , suspend .
BUILDING - structure` .
ENTERPRISE - business , profession , organization , association .
ERECT - build , construct , alter .
PLACEMENT - location , erection .
STREET - road , highway , lane , alley .
USED - designed , intended , arranged to be used .
11002 Definitions
A AGRICULTURAL DISTRICT : An agricultural land use area classification
as established by the Town of Ithaca Zoning Ordinance , as amended .
AUXILIARY SIGN: A sign affixed in a subordinate position to the
supports of a freestanding sign .
B BACKLIGHTED SIGN : A sign or graphics silhouetted by a light _
source . not directly visible .
BANNER : A type of flag , not an emblem of a government or
institution , with graphics that are purely decorative or that
identify , advertise and / or convey commercial information .
. BOARD OF APPEALS : The Zoning Board of Appeals as established in
accordance with the provisions of Town Law ,
BUILDING : A structure affixed to a permanent foundation .
BUILDING FACE : The exterior surface of a building .
BUILDING FRONTAGE : That part : of a building or lot facing a
sidewalk , street , or other public place .
BUSINESS DISTRICT : A business land use area classification as
established by or pursuant to the Town of Ithaca Zoning Ordinance ,
as amended
C COPY - CHANGE SIGN : A sign on which the visual message may be
periodically changed .
D DISTRICT : A land use area classification as established by the
Town of Ithaca Zoning Ordinance , as amended .
E . ENFORCEMENT OFFICIAL : The official charged with the duty to
enforce the zoning and other laws , ordinances , codes ; . . and
regulations relating to buildings and property .
EXEMPT SIGN : A sign which may be erected or placed without a
Sign Permit under the provisions of this law .
F FREESTANDING SIGN : A sign affixed to the ground independent of
any adjacent building or structure .
FREESTANDING SIGN AREA : The area of the smallest rectangle
circumscribing one face of the sign panel or sign symbol or of
grouped panels or symbols , inclusive of decorative appendages but
exclusive of supports .
FRONT YARD : An open space on the same lot with a building , between
the building front line and the street line , but excluding any
public sidewalk and the area between such sidewalk and street , and .
extending the full width of the lot .
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G GASOLINE STATION : A drive - in service for the sale of motor fuel ,
oil , and motor vehicle accessories , and which may include facilities
for lubricating , washing , or servicing vehicles , but not including
painting or body repairs , or the sale of new or used cars . The
term includes Filling Station , Service Station .
GRAPHICS : The letters , figures , emblems , devices , and other
representations comprising the visual message of a sign .
H HISTORICAL MARKER SIGN : A sign displaying historical and / or
architectural information about a building or place .
I ILLUMINATED SIGN : A sign illuminated by artificial light , or which
is composed of luminous tubing , or other artificial lighting .
devices .
INDIRECTLY ILLUMINATED SIGN : A sign illuminated by reflection from
a light source not directly visible .
INDUSTRIAL DISTRICT : A industrial land use area classification as
established by or pursuant to the Town of Ithaca Zoning Ordinance ,
as amended .
L LUMINOUS TUBING : Glass tubing with a cold cathode light or similar
source such as neon .
M MARQUEE : A permanent roofed structure projecting from a building ,
usually over an entrance , attached to the building or on free -
standing supports , or both .
MULTI - USE FACILITY : A shopping center or similar facility where
two or . more enterprises are operated on any one parcel . or con -
tiguous parcels under the ownership or management of the same
person , firm or corporation .
N NON - CONFORMING SIGN : A sign lawfully existing on the effective
date of this law or subsequent amendment thereto , which does not
conform to the regulations applicable in the district in which it
is located . Only an on premises sign as defined in this section
shall be deemed . to be a non - conforming sign and be entitled to the
benefits of a non - conforming use .
0 OFF - PREMISE SIGN : A sign related to an . enterprise not conducted ,
or to a service or commodity not offered or sold , upon the premises
where such sign is located .
ON - PREMISE SIGN A si;nn related to an enterprise conducted, or . to
a service or commodity offered or sold , upon the premises where
such . sign is located .
OWNER : Owner , agent , or person having beneficial use of the building
or land on which a sign is located .
P PERSON : Firm , partnership , trust , company , corporation , organization ,
or institution , as well as an individual , acting as owner , lessee ,
or agent , or employee . L I . L
PORTABLE SIGN : A sign not fastened to a building or structure ,. or
to the ground or pavement , readily movable from one location to
another .
PROHIBITED SIGN : A sign which is forbidden under the provisions
of this law .
PROJECTING SIGN : A sign protruding at an angle from a building or
structure .
PROJECTING SIGN AREA : The area of the smallest rectangle circum -
scribing one face of the sign panel or sign symbol or of grouped
Page 11
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V.
IV
wh Frs i ri r r 'wg ' s rk £ - t r > xr > � • i ;s t
s
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>
panels or symbols , inclusive of decorative appendages but
exclusive of supports .
PUBLIC INFORMATION SIGN : A sign identifying a public facility ,
such as a public telephone , or providing information concerning
direction , safety , and trespassing .
PUBLIC PLACE : Any thoroughfare , square , plaza , public parking
lot , or similar area , whether publicly or privately owned .
R RESIDENTIAL DISTRICT : A residential land use area classification
as established by the Town of Ithaca Zoning . Ordinance , as amended . -
REGULATED SIGN : A sign which may be placed . on issuance of a Sign
Permit under the provisions of this law .
RIGHT OF WAY , PUBLIC : Land over which the public may travel
subject to restrictions by the government with jurisdiction ,
whether or not said government has control of the land by owner -
ship or easement :
ROOF SIGN : A sign placed above the upper edge of a building , Wall ;
or parapet , or placed or painted on or above the roof covering ,
or on an independent structural frame on a . roof , or on the side .
of roof or roof structures such as marquees , penthouses , elevator
housing , and tanks .
S SELF - ILLUMINATED SIGN : An internally illuminated sign with
graphics displayed on a translucent face , or individual letters
or symbols with a translucent face , , and with translucent or opaque .
edges .
SIGN : A devise for visual communication publicly displayed to
identify , advertise , and / or convey information .
SIGN AREA : See. Freestanding Sign Area , Projecting Sign Area ,
Wall Sign Area ,
SIGN DIRECTORY : A listing of several enterprises , consisting of
a matrix and sign components .
SIGN HEIGHT : The vertical dimension from grade to the uppermost
point of the sign panel .
SIGN SYMBOL : A sign whose shape represents an . object , or a
customary identifying device such as a barber pole .
STORAGE FRONTAGE : That part of a building frontage between
architectural elements of. the facade such as piers , or the
frontage of a single enterprise .
STREET : A public thoroughfare which can be seen from a sidewalk ,
street , or other public place .
TEMPORARY SIGN : A sign limited for use to a period not exceeding .
30 days or to such other limited period as permitted by provision
of this law .
V VARIANCE : A departure from the terms of this law authorized by
the Zoning Board of Appeals due to a practical difficulty or
unnecessary and undue hardship , not the result of the actions of
the applicant , peculiar to an individual situation .
VARIATION : A departure . from the terms of this law varying any
maximum numerical limitations in this law by no more. than 25
per cent authorized by the Sign Review Board .
W WALL SIGN : A sign painted or affixed on and parallel to an
exterior wall of a building or structure , but not on window glass .
Page lm
2 Y_7
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- s •M e -'S s rt+. a,,.4 *, ✓ ..r- F ' , } a r , A ° r3�tp. ..- ,n �r t l .i�at'� -c
WALL SIGN AREA : The sum of the areas of the graphics , measured
as the sum of the areas of the smallest rectangles circumscribing
each group of words and each device or other representation ,
except that any graphics surrounded by a border , or on a panel
which differentiates such graphics from a background shall be
measured as the area of the smallest rectangle circumscribing
the border or panel .
WINDOW SIGN : A sign visible from a sidewalk , street , or other
public place , painted or affixed on glass or other window
material , or located inside within 4 feet of the window , but
not including graphics in connection with customary window
display of products .
Z ZONE : A land use area classification as established by the Town
of Ithaca Zoning Ordinance , as amended ,
ZONING BOARD OF APPEALS : See Board of Appeals .
12 . REPEAL
12001 Local Law number. 1 of 1972 , entitled the " Sign Law of the Town
of Ithaca " adopted by the Town of Ithaca on May 8 , 1972 , is hereby
repealed ,
Page In
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d . . r..:• 41'ty ( W �. ` .. S�� i4. �•'ei �, r- T �y 3Z ' - �.
f ^ .,, t e. ,e� _ '.F r h '. .,,s Yom. . .^L 'c
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.ry.^ .-
XL
( Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable . )
11 ( Final adoption by local legislative body only . )
I hereby certify that the local law annexed hereto, designated as local law No. . . . . .... .. .. . . . . . . of 198. 0. . . .
Mang
of the of . . . . . . . . . Ithaca was duly passed by the . . Town Board
Town ^ . . . . . . . ^ . . . . ^ .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .
(Na(Nme of Legislative Body)
on . . . . . . . . _ August 11 19 . . 8.0 in accordance with the applicable provisions of law.
21 ( Passage by focal legislative body with approval or no disapproval by Elective Chief Executive Officer ,*
or repassage after disapproval . )
I hereby certify that the local law annexed hereto, designated as local law No. . . . . . . ... . . . . .. . . . . . Of 19 . . .. .. ..
County
City
of the Town of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was duly passed by the . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . .
. .. . . . . . . . . .. .. . .
( Name of Legislative Body)
Village
not disapproved
on . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . .. . . . . . . . . . . . . . . . . .19 . . . . . . . . and was approved by: the . . . . . . . . . . . . .. . . . . . . . . .. . . . : . . . . ... . . . . . . . . . . . . .. . . . . . . .
repassed after disapproval Elective Chief .Executive Officer
and was deemed duly adopted on . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. . . . . . . . , . in accordance with the applicable
provisions of law .
3 , ( Final adoption by referendum . )
I hereby certify that the local law annexed hereto, designated as local law No.. . . . . . . .. . . . . ... . . .. of 19: . . . . . . . . .
County .
-
of the City was duly passed b the .
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y py . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . ..
Town
(Name of Legislative Body)
Village not disapproved
on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; . . . . . . , . . . . . . . . . . . . .. . . . . . . . : . . . .
repassed after disapproval Elective Chief Executive Officer
on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . Such local law was submitted to the people by reason of a
mandatory
permissive referendum , and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. . . . . . . . , in accordance with the applim.
annual
cable provisions of law .
4 : ( Subject to permissive referendum , and final adoption because no . valid petition filed request.ing. .
referendum . )
I hereby certify that the local law annexed hereto, designated as local law No . . . . . . . . . . . . . . . . . . . Of 19. . . . . . . . . .
County
ofthe City of. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . was duly passed by the . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. . . . . . . .. . . on
Town
Village (Name of Legislative Body)
not disapproved
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. . . . . . . . and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ::. . . on
repassed after disapproval Elective Chief Executive Officer * .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . ., in accordance with the applicable provisions of law,
*Elective Chief Executive Officer means or includes . the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
'Y Y
S
*car - 1 Ay4 > s ,r tr �^ iw < v i i S :�c�.., a' N r.- tr "5tr' 4Y '.tp 1
F..I t 7 �..*+ � `. 1 D4•"_ + 1 sSr(., TCi < �. Z.. 3, l:
5 , ( City local law concerning Charter revision proposed by petition . )
I hereby certify that the local law annexed hereto, designated as local law No. . . . . . . . of 19 . :. . . . ..
of the City of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . having been submitted to referendum pursuant to the
provisions of § 37 of the i iunicipal lloine Rule Law , and having received the affirmative vote of a majority
special
of the qualified electors of such city voting thereon at the general election held on • • • • • • • ,. • • • • • . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 19 . .. . . . . . . . . . became operative.
6 . ( County local law concerning adoption of Charter . )
—�. I hereby certity that the local law annexed hereto , designated as Local Law No . . . . . . . of 1904h . . . . of the
County of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State of New York, leaving been submitted to the Electors at the
General Election of November . . . . . . . . . . , t9 . . . . . . . . I . , pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Lwvv, and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of .a majority of the qualified electors of the towns _of said county
considered as a unit voting at said general election , became operative .
( If any other authorized form of final adoption has been followed , please provide; an appropriate
certification . )
_ I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law , and was
finally adopted in the manner indicated in paragraph . . . . . . . . . . . . . . . . . . . . . . . . . . . . above .
Town c Clerk %P
Date: August 21 , 1980
I
( Seat),
It> INN
IIIINNI
( Certification to be executed by Town Attorney , ItA RAM .
STATE OF NEW YORK
COUNTY OF . . . . . . . .Tom. . . . . . . . .p. . . . . . . . I . . . .kins: . . . . . . . . . . . . . . . . . . . . .
I , the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had , or taken for the enactment of the local law annexed hereto.
igna e $uyoucos
Town At rney
It
Title .
Date : August 22 , 1980 _ Ithaca
Town
Page 3
r y�. as '' _ a`% .7 •::.u/ YJu , 19f LAW OFFICES OF i � iVVV{ 1 � " / V
MAZZA , WILLIAMSON & CLUNE
Y `
317 NORTH TIOGA STREET
VV 1 ITHACAI NEW YORK 14850
B.RUNO A. MAZZA, JR.
ROBERT I. WILLIAMSON - AREA CODE 607
ROBERT J. CLUNE TELEPHONE 273 -3339
EDWARD A . MAZZA
July 22 , 1980
Town Of Ithaca
126 E . Seneca Street
Ithaca , . New York 14850 .
Attn : Noel Desch , Supervisor
Re : New Sign Ordinance
Dear Mr . Desch :
We represent RHP , Incorporated who has several billboard; in the
Town of Ithaca , namely on Routes 96B and 79 . We note that the Town
Board has scheduled a public hearing of the proposed sign ordinance
for August 11 , 1980 . The ordinance requires that all billboards have
to be removed after a two year period . As you know , RHP , Incorporated
i-s a local industry , and it desires to continue to maintain its boards
throughout Tompkins County , as well as , the Town of Ithaca . - In the
Town of Ithaca these boards are located in an agricultural area and
most of the advertising is for local commercial enterprises . Our client
wants to continue to serve local businesses with ads on these boards .
If in fact , your Town Board will not permit these billboards to
continue to exist , then I wish tc make you aware that billboards are
entitled to compensation under the Highway Beautification Act of 1965
. . ( Section 131 of Title 23 U . S . C . P . ) , which act was implemented in New
York State in 1968 by Section 88 of the Highway Law .
In November of 1978 the Surface Transportation Act was passed clarify -
ing the Highway Beautification Act that billboards along Federal -Aid
primary highways are entitled to compensation if removed . The value of
the boards shall be mutually determined prior to any removal .
Very , ly y urs
ROBERT I . WILLIAM T
RIW lc
Town Board Minutes - 7 - August 11 , 1980
Highway Superintendent Parkin presented to the Board , his list of
highway equipment to be replaced on a 10 - year period . ( Copy
attached to the minutes ) .
Town Supervisor Desch stated that there was no doubt that new
equipment would stop the high repair bills .
Town Engineer Fabbroni noted that new equipment was going up in
price anywhere from 20% to 25 %
LOCAL LAW REGULATING SIGNS IN THE TOWN OF ITHACA
Proof of posting and publication notice of a Public Hearing to consider
a Local Law Regulating Signs in the Town of Ithaca having , been presented
by the Town Clerk , the Supervisor opened the hearing .
Supervisor Desch read a letter from Robert I . Williamson who represents
RHP , Incorporated , stating their opposition to the proposed Sign Law .
( Copy attached to the minutes ) .
Ralph Jordan of the Chamber of Commerce stated that he had received
a draft of the law on July 28th , and had been out of town . He asked
if local businesses had responded yet to the proposed law and if not ,
he stated that he would like to take the matter before the local
businesses for their input .
Supervisor Desch stated that this was the third hearing the Town .
Board had held and the Planning Board had held several meeting; . All
meetings on the subject have been well advertised .
Supervisor Desch stated that the felt the Boards have been very
patient with the problems of Billboards . There was a four year
limit with an extension of two years by the Zoning Board of Appeals .
Since 1975 , they have been illegal .
Councilwoman Raffensperger stated that the Board has been so quick
to ask small businesses to comply . She felt the Board should proceed
against every one the same way . Billboards have been illegal since
1975 .
Councilman Del Rosso felt the Board was giving a monopoly to the
Billboard companies and he did not like that .
Councilwoman Raffensperger stated that the original purpose of the
Sign Law was to make all billboards illegal .
LOCAL LAW N0 . 6 - 1980
Motion by Councilman Del Rosso ; secondec by Councilman Cramer
LOCAL LAW N0 . 6 - 1980 ( copy attached to the minutes )
The Supervisor called for a roll call vote .
Councilman Cramer Voting Aye
Councilman Del Rosso Voting Aye
Councilman Kugler Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Nay
Supervisor Desch Voting Aye
Local Law No . 6 - 1980 was thereupon declared duly adopted .
ABANDONMENT OFHUDSON STREET EXTENSION
Proof of posting and publication of a Public Hearing to consider
the abandoment of Hudson Street Extension having been presented by
the Town Clerk , the Supervisor opened the public hearing .
Town Board Minutes - 8 - August 11 , 1980
RESOLUTION NO , 138
Motion by Councilman Del Rosso ; seconded by Councilman Cramer ,
RESOLVED , WHEREAS Hudson Street Extension as presently platted
was deeded to the Town of Ithaca by Therm Electric Meters Co . ,
Inc . , in 1953 , and
WHEREAS , in 1953 , Hudson Street Extension served property other
than that owned by Therm , Inc . , and
WHEREAS , the Town Engineer has attested that Hudson Street Extension
no longer serves any property other than that owned by Therm , Inc . ,
Therm , Inc . , having purchased all surrounding lands directly served
or with a possibility of being served in the future , and
WHEREAS , Therm , Inc . , has now requested that the Town Board abandon
Hudson Street Extension as a Town Highway ,
NOW . THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca intends to abandon Hudson Street Extension and directs the
Town Attorney to prepare all further legal papers to effect the
abandonment .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . - Nays - none ) ,
SET DATE FOR PUBLIC HEARING TO
CONSIDER REVISION OF THE BENEFIT FORMULA
RESOLUTION N0 , 139
Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the . Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on September 8 , 1980 to
consider a revision of the Benefit Formula .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
VILLAGE OF CAYUGA HEIGHTS POLICE
CONTROL IN THE NORTHEAST
Supervisor Desch stated that he had received 17 yes and 38 no to
his letter to the residents of the Northeast area for additional
coverage by the Village of Cayuga Heights Police Department . He
further noted that the taxpayers do not want to invest an additional
$ 20 , 000 in additional police protection , as the residents feel
the Sheriff responds to their needs in a satisfactory way .
Councilwoman Raffensperger stated that if the coverage was not
sufficient , the Town should ask the County to provide extra police
protection .
Councilman McPeak felt additional coverage should be provided at
seven in the morning and between 7 : 00 and 8 : 00 P . M . in the eventing.
Supervisor Desch stated that he would respond to the residents , in
the Newsletter , that the Town will not contract with the Village
of Cayuga Heights for additional police coverage .
TRUCK TRAFFIC BAN ON ROUTE 79
Supervisor Desch stated that petitions were being circulated , and
will be sent to the New York State Department of Transportation ,.
z
11L,L � , 'L � .aJ 1LJ d51 �.J J;. 4.,:' i�':L 't1' � .f:. 47 �::� , .a. i •i *.J .
a TrucA Supplies , Parts and Service
1920 Slaterville Road
Ithaca, New York 14850 - Ph. 273-2596
July 22 , 1980
Hon , William C . Hennessey , Commissioner
Department of Transportation
Campus Building # 5
Albany , New York 12232
Re : Route 79 ; City of Ithaca , Towns of
Caroline and Dryden , Tompkins County ,
New York
Dear Commissioner Hennessey :
We learn through local. news media that an effort is being made by
a small group of residents on Bast State Street in the City , and on
Slaterville Road in the Towns of Dryden and Caroline , to prohibit the
travel on Route 79 of " large commercial vehicles " through what they claim
to be a residential area.
We streivaouslyOPPOSE this limitation .
The Slaterville Road and . Route 79 is the original Catskill Turn-
pike extending from Catskill on the Hudson , through Jericho ( Bainbridge )
and thence joining the Math Turnpike in Ithaca . ( The whole being known
as the Bath to Jericho Road ) . It has always been a State thoroughfare
and has been designed and maintained to carry heavy traffic .
Crispell Automotive , Inc . is the largest service , garage for heavy
road vehicles in Central New York .
Our business is limited to the repair , supply and servicing of
trucks , motor- coaches , vans , tractors , earth-moving and other large road
machinery . Our cuSLomer. s Corot: from all over the eastern United States .
Out service garage was purposely located on the Slaterville Road , only a
short distance south - east of Ithaca in order that it be readily available
to service the nueds of its customers . The only access to the facility
i from the north , west and east is through Ithaca and on the City Street
known as EasL State .
The persons now living near or adjacent to the State Road knew
when they located there ( bought or rented ) , who now object to the heavy
j traffic , did so with the knowledge that the road was an arterial and was
and is expected Lo carry increasing volumes of traffic .
I
I ask that the State continue to recognize East State Street
I
Re : Route 79 ; City of Ithaca ,
e.t al - 2 - July 22 , 1980
and the Slaterville Road as the proper travel route for State Highway
Route 79 .
Respectully yours ,
CRISPHLL AWTOMOTIVE , INC .
C . Ucha d Crispell ,
Vice President
cc : Hon . William T . Smith , Senator
Hon . Hugh S . MacNeil , Assemblyman
Town Board Minutes - 9 - August 11 , 1980
requesting the State to ban trucks over ten tons .
Supervisor Desch read a letter from Richard Crispell , Vice
President of Crispell Automotive , Inc . opposing the proposed
limitation . ( Copy attached to the minutes ) .
Supervisor Desch felt that the County Planning Board should
have input on the ban , as the ban will effect the whole county ,.
FOREST HOME WALKWAY
Town Engineer Fabbroni stated that after the Town Attorney drafted
the deed to the Forest HomeWalkway , it was necessary for him to
send the deed half way around the world to get it signed .
RESOLUTION NO . 140
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
accepts the deed , as prepared by the Town Attorney , for the Forest
Home Walkway consisting of a strip of land ten feet in width
running from the highway knower► as Forest Home Drive , along the
northwest boundary of the land owned by Martha Hertel .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
HIGHWAY SUPERINTENDENT ' S CONFERENCE
RESOLUTION N0 , 141
Motion by Councilman Cramer ; seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the Highway Superintendent Robert Parkin to attend
the New York State Highway Superintendent ' s School at Swan Lake ,
New York , September 23rd through the 26th .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
EXTENSION OF TIME ON SEWER HOOK - UPS
Supervisor Desch stated that about seventy letters were sent to
property owners who had not hooked up to the municipal sewers .
Requests for an extension of time was received from three people. .
The Supervisor requested that the Town Engineer check each case
and report back to the Town Board , with his findings .
LAW BOOKS FOR THE JUSTICES
RESOLUTION N0 . 142
Motion by GouncilmEan Cramer ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the rental of the 85 book set of law books from Consolidated Laws
Services at @27 . 50 per month .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
NEWSLETTER
RESOLUTION N0 . 143
motion By Supervisor Desch ; seconded by Councilman McPeak ,
Town Board Minutes - 10 - August 11 , 1980
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the tenth Town of Ithaca Newsletter , as presented by the Supervisor .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
WATER & SEWER BENEFIT - UNIT REFUND
Supervisor Desch stated that the parcel in question , is shaped
like a tripod . The land should have been assessed as undeveloped
frontage , however , Mr . Ideman has been charges for 5 units or
water and 5 units of sewer since 1972 .
RESOLUTION N0 , 144
Motion by Councilman Cramer ; seconded by Supervisor Desch ,
WHEREAS , Tax Parcel 60 - 1 - 6 owned by George Ideman has 495 feet
of frontage along Ellis Hollow Road , and
WHEREAS , steep topography down into a ravine makes only a 90 foot
strip useable in depth without filling or bridging the ravine , and
WHEREAS , the NYSDEC has twice stopped filling operations on this
parcel , and
WHEREAS , Mr . Ideman has payed five units each for water and sewer
since 1972 , as a part of his annual tax payment , and
WHEREAS , the Water and Sewer Benefit Formula section applicable is
" Underdeveloped Acreage , with Water and Sewer Benefit - calculated
in acres 150 feet deep on all frontage have benefit and assessed
at 1 unit per acre " , and
WHEREAS , a 90 x 495 usable piece is 1 acre of land ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that the benefit charge for this parcel be adjusted to
1 unit for water and 1 unit for sewer , with $ 408 . 00 refunded for
payment made under protest in 1980 .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
TOWN OF ITHACA WARRANTS
RESOLUTION NO 145
Motion by Supervisor Desch ; seconded by Councilman Del Rosso ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated August 11 , 1980 , in the following
amounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 , 901 . 13
General Fund - Outside Village . . . . . . . . . . . . . . . . . . . 88 , 167 . 02
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 , 736 . 58
Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 . 76
. Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 , 109 . 11
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97108 +
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 , 92099 +
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
BOLTON POINT WARRANTS
Town Board Minutes - 11 - August 11 , 1980
RESOLUTION N0 , 146
Motion by Supervisor Desch ; seconded by Councilman Del Rosso ,
RESOLVED , that the Bolton Point Warrants dated August 11 , 1980 , in
the Operating Account are hereby approved , in the amount of
$ 49 , 921 . 01 after review and upont the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission they are in order for
payment .
( Desch , Kugler , Raffensperger , Del Rosso , McPeak and Cramer voting
Aye . Nays - none ) .
FIRE PROTECTION
Councilman Cramer stated that the fire contract budget this year
totals $ 200 , 000 . It is now time to consider other options and
establish a volunteer fire department .
Supervisor Desch stated that he felt any action would be premature .
A meeting has been scheduled with the City for tomarrow . The City
is governed by the Taylor Law and overtime must be paid over
40 hours . Also , the City will be evaluating the function of their
fire department . - Even if you could save 10% the law states that
fire service will be assessed on a benefit basis . Until exempt
properties like Cornell and Ithaca College pay their share for
fire protection , the costs will not decrease sufficiently .
Councilman Cramer stated that he had researched the project and
could have a fire department , in the Town , up and running in six:
weeks . He suggested that the Town Board schedule a public hearing
to consider the feasiblility of a Town Fire Department ,
Councilman Kugler stated that he, felt Councilman Cramer was getting
the cart before the horse .
Councilman Del Rosso stated that it was time for the Town to look
at other options . However , he did not know about the mileage in
paper work but he could not see Councilman Cramer going before a
public hearing , at this stage of the game , before the Town Board
had a chance to do their homework . He went on to say that the
Board did not know what kind of facilities would be needed or what
training would be necessary . He suggested that an item be included
in the Newsletter asking for volunteers .
ADJOURNMENT
The meeting was duly adjourned .
wn Clerk — -"